Afghanistan

The Earl of Sandwich: To ask Her Majesty's Government what is their assessment of the rise of Afghanistan's rating on the Human Development Index from 0.23 to 0.39 over the last decade, and of whether this accurately reflects changes in Afghanistan over that period.

Baroness Northover: The increase in Afghanistan's Human Development Index rating over the past decade reflects the significant progress the Government of Afghanistan, helped by the international community including the UK, have made in delivering a better quality of life for the Afghan people. 5.7 million children are now regularly attending school. 37 per cent of them are girls, up from virtually none under the Taliban. 85 per cent of the population now has access to basic healthcare services compared with 9 per cent in 2002. The economy has grown by an average of 8 per cent a year since 2002. However, the UK Government recognise that this progress comes from a very low base, and there is still some way to go-Afghanistan is ranked 172 out of 187 countries. The Department for International Development is committed to providing long-term support for the Afghan people to promote peace and security, stimulate the economy, and help the state deliver basic services.

Armed Forces: Medals

Lord West of Spithead: To ask Her Majesty's Government who will make the decision in the Diamond Jubilee year as regards precedence of the Merchant Navy Medal in the order of wear.

Lord Wallace of Saltaire: The Merchant Navy Medal is not part of the UK honours system and thus has no place in the order of wear.

Bangladesh

Lord Hussain: To ask Her Majesty's Government what is their assessment of the human rights situation in Bangladesh, in the light of recent reports of abuses against civilians; and what representations they have made to the Awami League government as a result.

Lord Howell of Guildford: The Government welcome the Bangladeshi Government's statement of zero tolerance for human rights abuses. We are, however, concerned that allegations of human rights abuses continue to be made.
	The Government regularly raise our concerns about human rights and democracy in Bangladesh both bilaterally with the Bangladesh Government and through the European Union. My right honourable friend the Foreign Secretary most recently discussed these concerns with the Bangladesh Foreign Minister, Dr Dipu Moni, during the recent Commonwealth Heads of Government Meeting in Perth.
	The Government provide a range of human rights assistance on rule of law and democracy to Bangladesh as part of our capacity building programmes. Such assistance is fully in line with UK values and international human rights standards.

Banking: Bank of Ireland

Lord Laird: To ask Her Majesty's Government what instructions they have given to that section of the Bank of Ireland which operates in the United Kingdom concerning the imposition of charges in the retail sector.

Lord Sassoon: Charging policies operated by individual institutions are a commercial decision for the bank concerned. The Government do not intervene in such decisions.

Benefits: Job Seeker's Allowance

Lord Kennedy of Southwark: To ask Her Majesty's Government how many people under the age of 24 have currently been in receipt of jobseeker's allowance for more than 12 months, in each of the London Boroughs and the City of London.
	To ask Her Majesty's Government how many people over the age of 50 have currently been in receipt of jobseeker's allowance for more than 12 months, in each of the London Boroughs and the City of London.

Lord Wallace of Saltaire: The information requested falls within the responsibility of the UK Statistics Authority. I have asked the authority to reply.
	Letter from Stephen Penneck, Director General for ONS, to Lord Kennedy of Southwark, dated November 2011.
	As Director General for the Office for National Statistics, I have been asked to reply to your Parliamentary Questions asking how many people under the age of 24 have currently been in receipt of Jobseeker's Allowance for more than 12 months, in each of the London Boroughs and the City of London. (HL13177); How many people over the age of 50 have currently been in receipt of Jobseeker's Allowance for more than 12 months, in each of the London Boroughs and the City of London. (HL13178)
	The Office for National Statistics (ONS) compiles the number of claimants of Jobseeker's Allowance (JSA) from the Jobcentre Plus administrative system.
	Table 1, attached, shows the number of people aged 24 and under and aged 50 and over resident in each of the London Boroughs and the City of London who were claiming Jobseeker's Allowance for over 52 weeks in September 2011.
	National and local area estimates for many labour market statistics, including employment, unemployment and claimant count are available on the NOMIS website at http://www.nomisweb.co.uk.
	
		
			 Table 1: Number of people1 claiming Jobseeker's Allowance for 12 months or more resident in each of the London Boroughs and the City of London in September 2011 
			  Aged 24 and under Aged 50 and over 
			 Barking and Dagenham 85 265 
			 Barnet 30 280 
			 Bexley 40 145 
			 Brent 90 505 
			 Bromley 25 200 
			 Camden 55 250 
			 City of London 0 0 
			 Croydon 45 395 
			 Eating 15 360 
			 Enfield 120 375 
			 Greenwich 60 205 
			 Hackney 210 680 
			 Hammersmith and Fulham 100 340 
			 Haringey 100 595 
			 Harrow 10 125 
			 Havering 50 220 
			 Hillingdon 10 115 
			 Hounslow 35 95 
			 Islington 120 365 
			 Kensington and Chelsea 45 275 
			 Kingston upon Thames 5 55 
			 Lambeth 155 645 
			 Lewisham 55 335 
			 Merton 25 105 
			 Newham 185 525 
			 Redbridge 35 275 
			 Richmond upon Thames 0 80 
			 Southwark 180 635 
			 Sutton 15 100 
			 Tower Hamlets 240 745 
			 Waltham Forest 110 435 
			 Wandsworth 60 325 
			 Westminster 70 320 
		
	
	Source: Jobcentre Plus administrative system
	Data rounded to nearest 5
	1. Computerised claims only. These account for approximately 99.7 per cent of all claims

Civil Service: Honours

Lord Laird: To ask Her Majesty's Government who decides on the merits of applications for honours for civil servants doing their jobs; how the examiners are selected; by whom; and when.

Lord Wallace of Saltaire: The honours system is based on merit and honours are awarded to those who have made a difference, not for civil servants simply doing their job. Honours for state servants are considered by the State Honours Committee, one of eight specialist honours committees. Membership of the State Honours Committee comprises: Dame Mary Marsh DBE, (chair); Dame Suzi Leather DBE DL; Dr Diana Walford CBE; Ms Elizabeth McMeikan; Sir Gus O'Donnell GCB (ex-officio); Sir Suma Chakrabarti KCB (ex-officio).
	Each of the eight specialist committees comprises an independent chair plus a mixture of independent members and senior public servants. The independent chairs and members are appointed by the Cabinet Secretary after a transparent selection procedure using Nolan principles. Vacancies are advertised when they become available on www.publicappointments.cabinet office.gov.uk, followed by interviews involving the relevant committee chair. Members are usually appointed for a three-year term; this may be renewed.

Commonwealth

Lord Alton of Liverpool: To ask Her Majesty's Government what assistance they are giving to the Government of Southern Sudan to assist with expediting their application to join the Commonwealth.

Lord Howell of Guildford: I refer the noble Lord to my answer of 3 November 2011 (Official Report, col. WA 295). We welcome Commonwealth Heads of Government's decision in Perth to request the secretariat to pursue the established procedures in regard to South Sudan's application to join the Commonwealth. Existing support from the international community, including the UK, in areas such as governance will help the Government of South Sudan make progress in meeting the criteria for membership. Ultimately it will be for all member states to agree on whether to admit South Sudan to the Commonwealth.

Commonwealth

Lord Ashcroft: To ask Her Majesty's Government which states have become members of the Commonwealth of Nations since 1997.

Lord Howell of Guildford: Rwanda is the only country to have joined the Commonwealth of Nations since 1997.

Commonwealth

Lord Ashcroft: To ask Her Majesty's Government whether all states are eligible under the criteria of the Edinburgh Declaration of 1997 to become members of the Commonwealth of Nations.

Lord Howell of Guildford: The criteria for membership of the Commonwealth of Nations were most recently clarified at the Commonwealth Heads of Government meeting in Kampala in 2007, following a review by the Committee on Commonwealth Membership. Heads agreed on the following criteria:
	an applicant country should, as a general rule, have had a historic constitutional association with an existing Commonwealth member, save in exceptional circumstances;in exceptional circumstances, applications should be considered on a case-by-case basis;an applicant country should accept and comply with Commonwealth fundamental values, principles, and priorities as set out in the 1971 Declaration of Commonwealth Principles and contained in other subsequent declarations;an applicant country must demonstrate commitment to: democracy and democratic processes, including free and fair elections and representative legislatures; the rule of law and independence of the judiciary; good governance, including a well-trained public service and transparent public accounts; and protection of human rights, freedom of expression, and ;quality of opportunity;an applicant country should accept Commonwealth norms and conventions, such as the use of the English language as the medium of inter-Commonwealth relations, and acknowledge Queen Elizabeth II as the Head of the Commonwealth; andnew members should be encouraged to join the Commonwealth Foundation, and to promote vigorous civil society and business organisations within their countries, and to foster participatory democracy through regular civil society consultations.
	Further information on the criteria for Commonwealth membership and application process is available publicly on the Commonwealth Secretariat website: www.the commonwealth.org.

Commonwealth

Lord Ashcroft: To ask Her Majesty's Government , in the light of the 2007 Kampala review of the Edinburgh Declaration of 1997, which states (a) have become a member of the Commonwealth of Nations but have no historical ties with the United Kingdom or other Commonwealth countries, or (b) have applied for, expressed interest in, or have made enquiries about membership of the Commonwealth of Nations since 1997, but have no historical ties with the United Kingdom or other Commonwealth countries.

Lord Howell of Guildford: At the Commonwealth Heads of Government Meeting in Kampala in 2007 heads agreed that, as a general rule, applicant countries should have a historic constitutional association with an existing Commonwealth member but, that in exceptional circumstances, applications from other countries could be considered on a case-by-case basis.
	Rwanda is the only state to have joined the Commonwealth since 1997, having joined in 2009. South Sudan has expressed an interest in Commonwealth membership. This was welcomed at the Heads of Government meeting in Perth in October 2011.
	Previously, in 1997, the Palestinian Authority expressed an interest in Commonwealth membership, and Yemen made an application for membership. Heads agreed to keep Yemen's application under review in the context of the membership criteria they had endorsed.
	The membership application process is a matter for the Commonwealth Secretariat. Decisions on membership are made by consensus of heads of all Commonwealth members, based on applicant countries meeting the criteria.

Crime: Custody and Bail

Lord Maginnis of Drumglass: To ask Her Majesty's Government how many people in the United Kingdom currently being held in custody or on bail have been in that position for more than 10 years.

Lord McNally: At 30 September 2011 there were a total of 13,550 prisoners being held on remand in prison establishments in England and Wales. None of these prisoners had been in custody on remand for more than 10 years. Information on the number of people currently on bail is not held centrally. However, it is very unlikely that any will have been on bail for more than 10 years.

Crime: Rioting

Lord Warner: To ask Her Majesty's Government how many young people were found custodial placements (a) on remand, and (b) after sentence, as a result of court action on prosecutions related to the riots earlier this year.

Lord McNally: The latest available data, published on 24 October 2011, on offences resulting from the 6 to 9 August 2011 period of public disorder, show that, in England and Wales, of persons aged between 10 and 17 years, 97 were remanded in custody at some point and 60 received immediate custody following sentence.
	The Ministry of Justice has published frequent updates on people being dealt with by the court system in relation to the disturbances on 6-9 August. The latest available published data, referred to above, can be found at: http://www.justice.gov.uk/publications istatistics-and-data/criminal-justice/public-disorder-august-11.htm.

Cybercrime

Lord Kennedy of Southwark: To ask Her Majesty's Government what is their estimate of the cost of cybercrime to the United Kingdom economy.

Lord Henley: The Cost of Cyber Crime, a report published in February 2011 by the Office of Cyber Security and Information Assurance in the Cabinet Office, in partnership with Detica, estimates the cost to the UK economy as being as much as £27 billion per annum.

Democratic Republic of Congo

Lord Alton of Liverpool: To ask Her Majesty's Government what is their response to the United Nations Mapping Exercise report published last October into war crimes committed in Congo.

Lord Howell of Guildford: It is for the Government of the Democratic Republic of Congo (DRC) to respond to the United Nations Mapping report. So far, the DRC Ministry of Justice has proposed draft legislation for the establishment of a mixed court to try the most serious human rights crimes, including those detailed in the mapping report. This legislation was rejected in its current form by the DRC Senate in August. The Government of DRC now need to decide their next steps. We look forward to hearing their proposals.

Democratic Republic of Congo

The Lord Bishop of Wakefield: To ask Her Majesty's Government what steps they are taking to prevent minerals mined in rebel-held territories in Congo being sold in the United Kingdom.

Lord Howell of Guildford: The Government encourage British companies trading in natural resources from the Democratic Republic of Congo (DRC) to do so in a way which is socially, economically and environmentally responsible, and to adhere to Organisation for Economic Co-operation and Development (OECD) voluntary guidelines. There is information on the Foreign and Commonwealth Office's website (www.fco.gov.uk/conflictminerals) designed to help British businesses, and others trading in or using minerals sourced from affected areas of DRC to ensure that their activities do not contribute to conflict.
	We are also working with the international community to find practical and sustainable solutions to the issue of conflict minerals. For example: Department for International Development (DfID) is co-funding with the World Bank a major minerals sector reform programme (PROMINES); we have fed into, supported and promoted new OECD due diligence guidance being piloted in DRC; we are providing funding for an OECD feasibility study on a mechanism to monitor due diligence; and we have sought to ensure that United Nations and OECD guidance for individuals and entities trading, processing and consuming minerals from Eastern DRC is harmonised.

Employment

Lord Myners: To ask Her Majesty's Government , further to the Written Answer by Lord Strathclyde on 7 November (WA 8), whether the methodology described validates the Prime Minister's reference to 500,000 new private sector jobs having been created since the last general election.

Lord Strathclyde: Yes.

Employment: Agency Workers

Lord Laird: To ask Her Majesty's Government , further to the Written Answer by Baroness Wilcox on 1 November (WA 229), on what country-by-country data they base their understanding that the majority of European Union member states that have transposed the agency workers directive have done so on the basis of Day 1 rights for equal treatment.

Baroness Wilcox: The Government's knowledge of how other European Union member states are transposing the agency workers directive is based on reports to the European Commission working group on the directive.

Employment: Under 25s

Lord Roberts of Llandudno: To ask Her Majesty's Government what encouragement and assistance they are giving to companies to employ workers between (a) 16 and 18 years old, and (b) 18 and 25 years old.

Baroness Wilcox: As part of Every Business Commits, my right honourable friend the Prime Minister has challenged businesses to make investing in skills and jobs a priority, and committed the Government to supporting them by removing barriers to corporate responsibility activities and creating the conditions for sustainable growth.
	We are investing £1.4 billion to support 360,000 apprenticeships this year and we are improving their quality. The latest provisional data showed increased apprenticeships starts among both 16-18 year-olds and 19-25 year-olds compared with the position a year go.
	A cross-government participation strategy will be published later this year and will set out government plans to maximise the number of 16-24 year olds in education, training and employment.

Encampments

Lord Stoddart of Swindon: To ask Her Majesty's Government what action they are considering to ensure that encampments are not allowed to be set up on public areas or private land.

Lord Henley: The Police Reform and Social Responsibility Act 2011 allows local authorities to attach the power of seizure to their by-laws for encampments on local authority land. These provisions will be commenced shortly.
	The Government are also looking at existing laws to see whether they need to be changed so that camps set up unlawfully can be dealt with more quickly.

Energy: Feed-in Tariffs

Baroness Smith of Basildon: To ask Her Majesty's Government whether they have any plans to publish an assessment of the impact on jobs and businesses of their proposals for changes to feed-in tariffs.

Baroness Stowell of Beeston: An impact assessment has been published to support the consultation on feed-in tariffs for solar photovoltaics (PV). This includes an assessment of the economic impacts of the consultation proposals, including the impact on jobs. The impact assessment is available at: http://www.decc.gov.uk/assets/decc/11/consultation/fits-comp-review-p1/3416-fits-1A-solar-pv-draft.pdf.

Energy: Nuclear Industry

Lord Foulkes of Cumnock: To ask Her Majesty's Government what action they propose to take to implement the decision of the European Union regarding diversity of ownership of new nuclear build in the United Kingdom.

Baroness Stowell of Beeston: Our ambition has always been to have more than one nuclear operator in order to accelerate the building of new nuclear power stations in the UK but the question of whether to develop new nuclear power stations is generally a matter for the commercial companies investing in the new build programme.
	The market in, and ownership of, those sites deemed suitable for the construction of new nuclear power stations was scrutinised by the European Commission during its merger investigation of EDF's takeover of British Energy. The takeover was cleared subject to certain divestment commitments, including in the market for those sites. It is the responsibility of the European Commission to ensure compliance with those commitments, or such commitments as it considers necessary to address the competition concerns identified during the merger investigation.
	There are currently three consortia developing plans for new nuclear stations in the UK; Horizon Nuclear Limited at Wylfa and Oldbury, NNB Generation Company Limited at Hinkley Point and Sizewell and NuGeneration Limited at Sellafield. The plans outlined by these consortia will see some 16GW of new nuclear generating capacity developed in the UK.

Energy: Wind Farms

Lord Barnett: To ask Her Majesty's Government how many planning applications for wind farms onshore and offshore have been refused to date; and where the proposed wind farms were sited.

Baroness Stowell of Beeston: No planning applications for offshore wind farms in the UK have been refused to date.
	Since 20051, 144 onshore wind farm applications have been refused in the UK. Of these, 15 planning applications were large scale onshore wind farms (50MW and above) and 129 wind farms below 50MW were refused planning consent by local authorities. The table below sets out the numbers by region'.
	
		
			 Region Number of wind farm applications refused 
			 Northern Ireland 8 
			 Scotland 52 
			 Wales 7 
			 England 77 
			 Total 144 
		
	
	1 Source: information based on projects whose applications were determined from 1 Jan 2005 to 30 Sep 2011 within the Renewable Energy Planning Database https://restats.decc.gov.uk/app/reporting/ decc/monthlyextract
	2 Sub-regional data are not held for all wind farm applications

EU: Financial Assistance

Lord Higgins: To ask Her Majesty's Government how much the United Kingdom Government and banks contributed to the European bailout agreed on 26-27 October.

Lord Sassoon: The Heads of State and Government of the euro area announced on 26 and 27 October proposals to leverage the resources of the euro area-only European Financial Stability Facility (EFSF). The UK does not participate in the EFSF.
	The Chancellor confirmed to Parliament on 27 October that the UK would not put resources into any special purpose vehicle established by the euro area to leverage the EFSF. The Chancellor also made clear that the UK could not support the IMF putting its own resources into any such vehicle.
	The Heads of State and Government of the euro area also agreed on 26 and 27 October proposals for private sector involvement (PSI) for Greece as part of a second package of international financial assistance. The euro area agreed to contribute up to €30 billion of official financing to the PSI package, along with €100 billion of additional programme financing. The Government had earlier secured assurances (at the June European Council) that the UK would not be liable via the EU-27 backed European Financial Stabilisation Mechanism in any second financial assistance package to Greece.
	Participation in the PSI proposal will be voluntary. Firms will decide for themselves whether it is in their interests to do so.

EU: State Aid

Lord Myners: To ask Her Majesty's Government whether they will ensure that European banks receiving equity finance from the European Financial Stability Facility will be deemed to be in receipt of state aid, in the light of the decision by the European Commission to deem United Kingdom banks as being in receipt of state aid when HM Treasury provided new equity capital in 2008.

Lord Sassoon: As stated in the 21 July euro area statement, the European Financial Stability Facility (EFSF) cannot provide capital directly to banks. It allows the EFSF to "finance recapitalisation of financial institutions through loans to governments".
	As the Chancellor of the Exchequer said on 27 October 2011, "we have ensured that state aid rules will be properly applied, and European banks will be restructured if necessary, just as the European Commission demanded of the last British Government two years ago".

Euro

Lord Dubs: To ask Her Majesty's Government whether they support the policy of the European Union that accession states must agree to adopt the euro as their currency as a condition of membership.

Lord Howell of Guildford: The exact terms of entry for an accession state are subject to negotiation in the accession agreement between the applicant state and all member states, but if an applicant state accedes to all parts of the treaties without a derogation of indefinite duration, then Article 119 of TFEU confirms that the activities of member states shall include a single currency and the definition and conduct of a single monetary policy and exchange rate policy, in fulfilment of the aim of the European Union set out in Article 3(4) TEU.

Export Control

Lord Alton of Liverpool: To ask Her Majesty's Government what are the participating states of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies; and when each state joined.

Lord Howell of Guildford: The agreement to establish the Wassenaar arrangement was reached in The Hague in December 1995 among the following countries:
	Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Russian Federation, Slovakia, Spain, Sweden, Switzerland, Turkey, United Kingdom and United States.
	In April 1996, Argentina, the Republic of Korea and Romania joined as additional founding members, followed by Bulgaria and Ukraine in July 1996.
	Subsequently, seven new members have been admitted:
	Slovenia on 11 February 2005;
	Malta on 22 April 2005;
	Lithuania on 6 May 2005;
	Latvia on 9 May 2005;
	Estonia on 13 May 2005;
	Croatia on 30 June 2005; and
	South Africa on 28 February 2006.

Export Control

Lord Alton of Liverpool: To ask Her Majesty's Government whether additional states are expected to join the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies during each of the next two years; and which they are.

Lord Howell of Guildford: There are currently four states that have submitted membership applications to the Wassenaar arrangement: Iceland; Serbia; Cyprus; and Mexico. To be eligible to join the Wassenaar arrangement they would need to satisfy the membership criteria and have the consensus support of the existing membership.

Finance: Clearing Houses

Lord Myners: To ask Her Majesty's Government on what basis minimum capital requirements and necessary governance requirements are determined for central counterparties, or clearing houses, to ensure appropriate management of conflicts of interest.

Lord Sassoon: The current financial resources requirements for central counterparties (CCPs) are set out in the Recognition Requirements in the Recognised Investment Exchanges and Recognised Clearing Houses handbook. These requirements state that a recognised clearing house (RCH) must have sufficient financial resources for the proper performance of its functions.
	With regards to conflicts of interest, the requirements provide that an RCH must be operated by a fit and proper person and that its systems and controls for dealing with conflicts of interest are adequate and appropriate.
	RCHs which fall within the definition of a CCP will, in due course, be subject to organisational, prudential and conduct requirements under a proposed European regulation on over the counter derivatives, central counterparties and trade repositories (EMIR). This will replace the recognition requirements.

Finance: Recovery and Resolution Plans

Lord Myners: To ask Her Majesty's Government whether they will require central counterparties, or clearing houses, to prepare and maintain resolution plans, or living wills.

Lord Sassoon: The Financial Services Authority consulted on proposed requirements for certain financial services firms to prepare and maintain recovery and resolution plans (RRPs) until 9 November. It is possible that the scope of the requirements for RRPs will be extended to other types of financial services firms in the future, after consultation. More information on the consultation, which closed on 9 November, can be found at the following webpage: http://www.fsa.gov.uk/pubs/cp/cp11_ 16.pdf.

Government: Ministerial Meetings

Lord Myners: To ask Her Majesty's Government whether ministers or senior officials from HM Treasury met Mr Adam Werritty at any time since May 2010.

Lord Sassoon: No meetings have taken place between Treasury Ministers and Adam Werritty since May 2010.
	Information relating to officials' meetings is not held centrally and could be provided only at disproportionate cost.

Government: Official Photographs

Lord Kennedy of Southwark: To ask Her Majesty's Government at what events in the past six months they have taken official photographs of the Chancellor of the Exchequer.

Lord Sassoon: The Chancellor of the Exchequer does not employ an official photographer at events. Photographs of the Chancellor of the Exchequer attending events published on the HM Treasury website (http://www.hm-treasury.gov.uk/) and on the HM Treasury flickr stream (http://www.flickr.com/photos/hmtreasury) come from a variety of sources.

Israel and Palestine: West Bank

Lord Hylton: To ask Her Majesty's Government whether they will raise with the Middle East quartet the higher level of charges in the West Bank for water and electricity as compared with Israel.

Lord Howell of Guildford: The UK works closely with the members of the quartet and its special representative, Tony Blair. The Foreign and Commonwealth Office has ensured that the quartet representative's office in London is aware of the higher level of charges in the West Bank for water and electricity as compared with Israel.

Justice: Legal Services

Lord Lester of Herne Hill: To ask Her Majesty's Government what are their reasons for reservations to the EU Commission's proposal for a directive on the right of access to a lawyer in criminal proceedings and on the right to communicate on arrest.

Lord McNally: The Government are of the view that a suitably drafted European directive in this area could deliver significant benefits. Appropriate standards could assist UK nationals who become subject to the criminal justice systems of other member states. Such a directive could also build greater trust and confidence among the competent authorities of all EU member states who may be expected to accept and act upon decisions or judgments made in other member states. However, a number of provisions in the proposal, as published by the European Commission, go beyond the requirements of the European Convention on Human Rights and would have an adverse impact on the ability of the police and prosecution services to investigate and prosecute offences effectively and fairly.
	As drafted, the Commission's proposal would give suspects the right to have a lawyer present before even immediate questions which have an impact on the reliability of evidence could be asked. It would also potentially require the presence of a lawyer at a police search of a property or when fingerprints are taken. The proposal would unacceptably fetter the ability of judges to make decisions on the admissibility of evidence. Furthermore, the Commission's proposal provides that a suspect or accused person must have the right to meet their lawyer face to face in all circumstances. In the United Kingdom, telephone access to a lawyer is provided in some circumstances. This offers speedier access to legal advice in most cases, which is often the suspect's priority, and provides value for money to the taxpayer.
	Given the extent of the concerns on the detail of this directive, the Government cannot at this stage be confident that all of them will be addressed in the process of negotiations. However, we intend to work closely with our European partners to improve the directive sufficiently to enable the Government to consider opting in once the instrument has been adopted. The Government will consult Parliament about any such decision.

Justice: Out-of-court Disposals

The Lord Bishop of Hereford: To ask Her Majesty's Government whether all out-of-court disposals are properly recorded on an offender's criminal record.

Lord Henley: Cautions, reprimands and warnings, together with convictions, are entered onto the police national computer (PNC) and it is this set of information on the PNC that we would normally construe as an individual's criminal record. All these disposals involve the establishment or formal admission of guilt. Recordable offences, in relation to which these disposals should always go onto the PNC, are defined as those offences which are imprisonable, plus a number of non-imprisonable offences which have been made recordable by regulations. Disposals for non-recordable offences are normally kept as part of local police records.
	Penalty notices for disorder (PNDs) may be recorded on the PNC, but do not involve an admission of guilt. Cannabis warnings form part of local police records. Community resolutions are informal responses to low-level crime and anti-social behaviour. None of these forms part of an individual's criminal record.

Localism Bill

Lord Kennedy of Southwark: To ask Her Majesty's Government what assessment they have made of the effect that the Localism Bill would have on United Kingdom freedom of information legislation.

Lord McNally: The Localism Bill makes no amendments to the Freedom of Information Act. However, the Government believe there is a strong argument for increased transparency by all bodies in receipt of public funds. Our "Open Data Consultation", which closed on 27 October, sought views on proposals about the types of organisations to which an open data policy might apply. The Freedom of Information Act will also be subject to post-legislative scrutiny to see how it is working in practice. Further policy in this area will be developed in light of the evidence drawn from both sets of work.

National Institute for Health and Clinical Excellence

Lord McColl of Dulwich: To ask Her Majesty's Government how many people are employed by the National Institute for Health and Clinical Excellence; and how many of those are doctors or nurses.

Earl Howe: This is a matter for the National Institute for Health and Clinical Excellence (NICE) as an independent body. I have asked the chief executive of NICE to write to the noble Lord with this information. A copy will be placed in the Library.

National Institute for Health and Clinical Excellence

Lord McColl of Dulwich: To ask Her Majesty's Government what is the remit of the National Institute for Health and Clinical Excellence (NICE); and how this relates to the making of political statements by NICE.

Earl Howe: The National Institute for Health and Clinical Excellence (NICE) is responsible for performing functions, as directed by the Secretary of State, in relation to the promotion of clinical and public health excellence, and the effective use of available resources in the health service and other available public funds. It is also able to carry out other functions as the Secretary of State may direct.
	NICE carries out its functions by developing evidence-based guidance on a range of issues including public health, health technologies, clinical practice and interventional procedures. NICE also develops quality standards that are derived from the best available evidence and act as markers of high quality, cost effective care across a pathway or clinical area. It also hosts NHS Evidence and the National Prescribing Centre.
	As an independent body, NICE is responsible for determining the content of its own external communications. Members of NICE's board are bound by the code of conduct for board members of public bodies which addresses involvement in political activities.

National Institute for Health and Clinical Excellence

Lord McColl of Dulwich: To ask Her Majesty's Government what is the budget of the National Institute for Health and Clinical Excellence; and what proportion of it is spent on salaries.

Earl Howe: The total revenue budget for the National Institute for Health and Clinical Excellence (NICE) in 2010-11 was £73.7 million, of which £70.4 million was grant-in-aid/revenue funding from the Department of Health. In 2010-11, NICE spent £25.5 million on salaries.
	NICE's confirmed initial recurrent grant-in-aid/revenue allocation from the department for 2011-12 is £67.5 million.

National Institute for Health and Clinical Excellence

Lord McColl of Dulwich: To ask Her Majesty's Government how the proposal from the National Institute for Health and Clinical Excellence for women to be able to choose to have a caesarean section without any clinical indication relates to clinical excellence.

Earl Howe: The National Institute for Health and Clinical Excellence (NICE) is currently updating its existing clinical guideline on caesarean section, published in 2004. The updated guideline is due to be published in November. The draft guidance is available on the Institute's website at: www.guidance.nice.org.uk/CG/WaveR/97.
	NICE is an independent body and it would not be appropriate for Ministers to comment on recommendations made by NICE within its draft guidance.

NHS: Deaneries

Lord Willis of Knaresborough: To ask Her Majesty's Government where NHS Deaneries will reside following the abolition of strategic health authorities; and how they will be funded.

Earl Howe: The important work of the postgraduate deaneries will continue through transition and into the new arrangements from April 2013. The strategic health authorities (SHAs) will continue to be accountable for postgraduate deaneries until 31 March 2013. It is expected that deans and many of their staff will continue to take forward the work of deaneries in the new system architecture. The extension of SHAs and their postgraduate deaneries until April 2013 provides extra time and the opportunity to plan for a more phased transition.
	Funding for postgraduate deaneries is currently provided through the multi-professional education and training allocation and it is expected it will continue to be the source of their funding in the future.
	Further work is underway on the detail of the new arrangements, which provide the right accountability for the quality of education and which strengthen the educational foundation for the development of health professionals.

Northern Ireland: Human Rights Commission

Lord Laird: To ask Her Majesty's Government whether they will place in the Library of the House all of the correspondence during September and October 2011 between the Northern Ireland Office and the Northern Ireland Human Rights Commission.

Lord Shutt of Greetland: All ministerial and official letters between the Northern Ireland Office (NIO) and the Northern Ireland Human Rights Commission (NIHRC) during September and October 2011 will be placed in the Libraries of both Houses.
	These are:
	letter dated 8 September 2011 with a copy of NIHRC's annual report and accounts from the chief commissioner to the Secretary of State for Northern Ireland; andletter dated 26 October 2011 from the chief commissioner to the Secretary of State for Northern Ireland.

Northern Ireland: Human Rights Commission

Lord Laird: To ask Her Majesty's Government why the new Chief Commissioner of the Northern Ireland Human Rights Commission, while holding that post in the United Kingdom, is representing a foreign government to the United Nations.

Lord Shutt of Greetland: I refer the noble Lord to my answer of 17 October (Official Report, col. WA 27).

Northern Ireland: Troubles

Lord Eames: To ask Her Majesty's Government when they expect to be able to announce a blueprint for dealing with the legacy of Northern Ireland's troubles.

Lord Shutt of Greetland: My right honourable friends the Secretary of State and the Minister of State for Northern Ireland have been meeting with a range of political parties and victims' groups to discuss the issue of dealing with the past. So far they have not found consensus. While the Government have a role to play, the way forward on the matter must come from within Northern Ireland.

Northern Ireland: Troubles

Lord Eames: To ask Her Majesty's Government what progress they have made in gaining political agreement on ways to deal with the legacy of Northern Ireland's troubles.

Lord Shutt of Greetland: My right honourable friend the Secretary of State for Northern Ireland met with the Speaker of the Northern Ireland Assembly following a recent debate on the issue. He has also raised the matter with the First Minister and Deputy First Minister. While we have a role to play, it is not the sole responsibility of the Government to seek to secure political agreement on the issue.

Northern Ireland: Troubles

Lord Eames: To ask Her Majesty's Government when they intend to publish a response to the report of the Consultative Group on the Past in Northern Ireland.

Lord Shutt of Greetland: The Government published a summary of responses to the previous Government's consultation on the Consultative Group on the Past Report on 19 July 2010. The summary of responses to the consultation showed the lack of consensus on the proposals. While the Government have a role to play, the way forward on the matter must come from within Northern Ireland.

Police: Custody

Lord Ouseley: To ask Her Majesty's Government how many people died in police custody in 2010 and 2011 to date; and what are the ethnic origins of the deceased.

Lord Henley: The information requested is not held centrally or collated by the Home Office. The Independent Police Complaints Commission (IPCC) is responsible for publishing annual statistics on deaths during or following police contact. The latest statistics for 2010-11 are available on the IPCC website at www.ipcc.gov.uk. This report includes statistics on deaths by ethnicity.

Police: Discipline

Lord Maginnis of Drumglass: To ask Her Majesty's Government how many serious breaches of discipline have been established in the North Yorkshire police area over the past three years; and how many officers have been disciplined, been dismissed or have resigned prematurely during that period.

Lord Henley: The Home Office does not hold this information.

Second World War: Pardons

Lord Laird: To ask Her Majesty's Government, further to the Written Answer by Lord Howell of Guildford on 30 October (WA 188) regarding making representations to the Government of the Republic of Ireland concerning the pardoning of former members of the Irish army who were court-martialled because they fought on the allies' side in World War II: in the light of the gratitude expressed in the answer for their contribution to the British war effort, whether they will now make such representations; and, if not, why not.

Lord Howell of Guildford: The British Government are very grateful for the important contribution that Irish soldiers made in the Second World War. The Government have no plans to make representations at the present time in respect of the pardoning of former Irish soldiers who were court-martialled because they fought on the side of the allies. This is a matter for the Irish Government and one which is actively being considered by them. The details and sensitivities of the case are well known and the British Government will continue to monitor developments.

State Recognition

Lord Laird: To ask Her Majesty's Government, further to the Written Answer by Lord Howell of Guildford on 19 October (WA 86) concerning "clearly defined territory with a population" as a factor in state recognition, whether this criterion applies to the Vatican City; and, if so, how, by whom and why.

Lord Howell of Guildford: As set out in the Written Answer by the then Parliamentary Under-Secretary for Foreign and Commonwealth Affairs, Mr Sainsbury (Official Report, 16 November 1989, col. 494), the normal criteria we apply for recognition as a state are that it should have, and seem likely to continue to have, a clearly defined territory with a population, a Government who are able of themselves to exercise effective control of that territory, and independence in their external relations. Other factors, including some United Nations resolutions, may also be relevant.
	The territory of Vatican City State has a permanent population of approximately 800 residents, and comprises territory of 0.44 km sq inside Rome which is defined in the 1929 Lateran Pacts between the Holy See and Italy.

Sudan

Lord Alton of Liverpool: To ask Her Majesty's Government whether, in the light of ongoing violence against the peoples of Southern Kordofan and Abyei, they will consider the introduction of targeted travel sanctions against members of the Government of Sudan.

Lord Howell of Guildford: We remain very concerned by the situation in Southern Kordofan, Abyei and Blue Nile. We continue to work closely with international partners to seek peaceful resolutions to the conflicts in all those regions and to achieve humanitarian access for those affected. As an International Criminal Court (ICC) indictee, the Governor of Southern Kordofan, Ahmed Haroun, is already unable to travel to any ICC member countries without risk of arrest. We judge that further targeted travel sanctions would not help at this stage in achieving our objectives, but will keep this under review in consultation with European Union and United Nations partners.

War Memorials

Lord Morris of Manchester: To ask Her Majesty's Government what information they have about the theft of a war memorial statue in Tidworth on 17 October; and what action they are planning to take.

Lord Henley: On Monday 17 October 2011, two men stole a solid bronze statue from the grounds of the Royal British Legion, Pennings Road, Tidworth. The statue is a one-off commissioned sculpture valued at £10,000. Subsequent police inquiries have led to a 22 year-old man of no fixed abode being arrested on suspicion of theft. He has been released on police bail pending further inquiries. The statue has not yet been found, but Wiltshire Police continue to work with the Metropolitan Police Art and Antiques Unit to trace the item. This case is subject to a continuing police investigation.